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HomeMy WebLinkAbout01-10-2018 CC Minutesory Lf SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JANUARY 10, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. Pastor Grant Foster of Riverside Church gave the invocation. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Joe Griffin Interim City Attorney Cynthia Hall City Clerk Jeanette Williams Community Development Director Lisa Frazier Airport Director Scott Baker Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement Manager Randy Moyer Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS Modifications andd additions require unanimous vote of City Council Members There was no objection to Vice Mayor Kinchen's request to pull consent agenda item B. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 18.001 A. Presentation by Dr. Henry Fischer — Zero Lot Line Impacts Dr. Fischer thanked staff for helping him review the PUD -R designation and recommended to Council that they increase the five foot setback currently allowed in the code so the appropriate building might be placed next to residential homes as Sebastian continues to grow. He also recommended that the industrial use of the R-10 lots be tightened up to prevent landscaping trailers and heavy equipment from being parked in the neighborhoods. Regular City Council Meeting January 10, 2018 Page Two 18.002 B. Announcement by Dr. Graham Cox — Transforming Landscapes for Sustainable pg 5 Future. January 19 & 20, 2018 at the Emerson Center Dr. Graham Cox, Pelican Island Audubon Society, announced the landscaping conference coming up to help educate homeowners, landscape contractors, homeowner associations, and community leaders on alternative landscapes, fertilizers, pesticides, and herbicides that will ultimately help the Lagoon. He offered City Council and employees two free tickets to attend and stated further information could be obtained by calling (772) 567-3520. Brief Announcements 1/12/18 — Concert in the Park — Penny Creek Bank — 5:30 to 8 pm 1/13/18— Sebastian River Art Club Show— 10 am to 4 pm—Riverview Park 1/15/18 - City Hall Closed for Dr. Martin Luther King Jr. Day 1/18/18 to 1/21/18—Fellsmere Frog Leg Festival 1/20/18 & 1/21/18 - Sebastian Fine Art and Music Festival — IR Drive/Riverview Park Area Council Member Dodd announced the upcoming events. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - December 13, 2017 Regular Meeting 17.022/18.003 B. Resolution No. R-18-02 -Accepting 0 Quarter Financial Report and Adopting Amendments to the FY2016/2017 Annual Budget (Transmittal, R-18-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 17.144118.004 C. Resolution No. R-18-03 - Final Plat - Sebastian Medical Suites Commercial Subdivision (Transmittal. R-18-03. Final Plat, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN MEDICAL SUITES, BEING A REPLAT OF A PORTION OF WAUREGAN SUBDIVISION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve consent agenda items A and C. ROLL CALL: Vice Mayor Kinchen - aye Council Member Dodd - aye Council Member lovino - aye Council Member McPartlan - aye Mayor Hill -aye Motion carried 5-0. 2 Regular City Council Meeting January 10, 2018 Page Three Item B Vice Mayor Kinchen stated there was a replacement truck for the Airport coming out of the General Fund as opposed to the Enterprise Fund and asked there be less of that in the upcoming year or have those expenditures reimbursed. The Administrative Services Director said the Repairs and Replacement Fund has been used to catch up all City facilities including a number of items for the Golf Course and Airport; and he was sure expenditures would begin to slow down. MOTION by Vice Mayor Kinchen and SECOND by Mayor Hill to approve consent agenda item B. ROLL CALL: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 18.005 A. Police Pension Board of Trustees (Transmittal, Application, Roster) i. Confirm Appointment of Fifth Member, Paul Williamson MOTION by Mayor Hill and SECOND by .Council Member McPartlan to approve Paul Williamson as the fifth member passed with a unanimous voice vote. (5-0) 18.006 B. Planning and Zoning Commission (Transmittal, Application, Roster) i. Interview, Unless Waived, and Submit Nominations for One Unexpired, Alternate Member Council Member Dodd nominated Charles Mauti and he was appointed to fill the alternate member position with a term to expire January 1, 2020. Citizens Budget Review Advisory Board Council Member lovino announced that Bruce Hoffman, one of the current at -large members, would serve as his representative on Board. His term will run concurrently with Council Member lovino. 9. PUBLIC HEARINGS 17.029/18.007 A. First Reading and Public Hearing of Ordinance No. 0-18-01 Relating to Medical Mariivana (Transmittal) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; RESCINDING ORDINANCE 0-17-01; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. (PJ Ad 12/24/17) Regular City Council Meeting January 10, 2018 Page Four The Interim City Attorney read the title and Mayor Hill opened the hearing at 6:16 p.m. The City Manager stated this would bring the City's current code into compliance with the recently enacted state regulations. There was no public input. Mayor Hill closed the public hearing at 6:17 p.m. Mayor Hill said the ordinance is placing their trust with the state that they will do the right thing with the dispensaries and essentially allow them anywhere in Florida; except for the conditional use in the riverfront. He asked if the City has to treat dispensaries the same as pharmacies, why they don't consider placing pharmacies under conditional use which would require everyone to come before Council. The Interim City Attorney noted the proposed ordinance does allow dispensaries to be a permitted use in the commercial riverfront; the current code does not have a category for pharmacies, therefore the City has been treating them as commercial retail. In this proposed ordinance, the code will include pharmacies and add medical marijuana dispensaries as an enumerated use. Council could make pharmacies a conditional use but they should consider the impact of that move as there are many pharmacies throughout the City which could create a bunch of nonconformities given a lot of the City's pharmacies are part of a drug store or supermarket. She said it would need to be decided if those would be included in the definition. Mayor Hill asked if they could make the opening of pharmacies a conditional approval and if existing pharmacies would be grandfathered in. The Community Development Director said staff was concerned that making pharmacies in all zoning districts a conditional use would be perceived as categorizing; and if a grocery store came in and they wanted a pharmacy, it would create a nonconforming use. She offered to check what kind of conditions they can place on pharmacies. Mayor Hill said the ordinance doesn't give any control to the City regarding dispensaries which could be numerous if Sebastian is the only City in the area allowing dispensaries. Council Member lovino agreed and said he has learned every dispensary is not the same and they should revisit the ordinance. Council Member Dodd said the conditions couldn't be onerous to stop a dispensary; the vast majority of voters approved medical marijuana and could show their disapproval with their legislators the next time (at election) because they took away municipality's home rule capability. He said the commercial riverfront was mixed use and he wasn't sure it was a great place for pharmacies or dispensaries. He asked staff to examine the permitted uses in the commercial riverfront zone, specifically less than 5,000 sq. ft. to disallow pharmacies and dispensaries in the riverfront but somehow not look like gerrymandering. The Interim City Attorney advised if someone were to apply right now, the City would have to treat them as commercial retail. Mayor Hill said he was concerned with their ability to limit the number of dispensaries that can come since surrounding governments have banned dispensaries. 0 Regular City Council Meeting January 10, 2018 Page Five Council Dodd said right now, a dispensary could open in a commercial retail location that allows pharmacies, and if it a major modification or new building isn't needed, there is no need to go before Planning and Zoning Commission to apply the Land Development Code, only a license would be needed. Council Member McPartlan noted many opioids are currently being prescribed in the riverfront; it has been proven that marijuana can alleviate the pain and some of the addiction; the marijuana would be prescribed by licensed, regulated dispensaries. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to pass Ordinance No. 0-18-01 with commercial waterfront residential district modifications as reouested by Council Member Dodd. ROLL CALL: Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. The second reading of Ordinance No. 0-18-01 would be held February 10, 2018. 10. UNFINISHED BUSINESS 17.136/18.008 A. Citv Attornev Search (Transmittal) The City Manager reported that interviews were conducted with the top four candidates and requested direction. Damien Gilliams, 1623 US Highway 1, reminded Council that the advertisement required five years of government experience and the replacement of Charter Officers shouldn't be taken lightly. MOTION by Mayor Hill and SECOND by Council Member McPartlan to have the City Manager start negotiations with Mr. James Stokes to become the next City Attorney. Vice Mayor Kinchen said all four applicants did a wonderful job and also recommended Mr. Stokes. Council Member lovino said Mr. Stokes was his second choice and he thought Philip Sherwin who is board certified and willing to relocate was impressive and very qualified. Council Member Dodd said Mr. Stokes was also one of his top two candidates. ROLL CALL: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — nay Council Member McPartlan — aye Mayor Hill —aye Motion carried 4-1. Council Member lovino thanked Cynthia Hall for all of her hard work during the interim period. Regular City Council Meeting January 10, 2018 Page Six 11. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Brent Timmerman, 467 Watercrest Street, said he has coached little league for 18 years and his league has been trying to use Sebastian's ballfields for the last four or five years. He asked that it be placed on the next agenda to explore options. Mayor Hill asked him to get with the City Manager. Damien Gilliams, 1623 US Highway 1, said the legislative session started yesterday and he noticed the County is pushing several special projects but he didn't see anything from City. He suggested drawing up phases to replace the seawall and make requests for the next session. He thanked the City Manager for his years of service and the Interim City Attorney. He asked again, if the replacement of the ballfield lights could be taken from the recreational impact fees. 12. NEW BUSINESS 18.009 A. Citv Manager Resignation/Retirement — 9 Mav 2018 (Transmittal. Letter. Solicitation, Proposals. Agreement) 6:58 pm The City Manager said his life's circumstances were that it is time for him to retire; he asked that Council approve his 9 May 2018 retirement date; he gave three scenarios to replace him which included direct appointment, external search conducted by the City's Human Resources Department or an external search by a professional firm. Council Member Dodd said he was in favor of using a search firm but asked to talk about the residency requirement as it relates to current staff members that may want to apply. He asked that a week or two be given to current staff to apply before they contract out with a firm. Mayor Hill said the firms are talking about 11-12 weeks to get this done and asked if they would need an interim city manager. Council Member Dodd responded that there were a couple of staff members that could serve as interim. Council Member lovino said he was a proponent of promoting within and they should look at an assistant city manager at the same time. Council Member McPartlan said they should appoint an assistant manager who can work alongside Mr. Griffin for four months; there are a few employees that could sit in as an interim. He said if there were no internal candidates, they could farm it out. Vice Mayor Kinchen said as a 30 year employee, she has seen promotions given to people who had no experience, faltered at it, remained in the position and caused a lot of problems. She said she would like to see a firm selected, have someone come in and let that person decide if they need an assistant city manager who could be from in house. Mayor Hill said this is very important to the future of the City and they need to get it right. He said he liked Council Member Dodd's suggestion. Regular City Council Meeting January 10, 2018 Page Seven 7:15 pm MOTION by Council Member Dodd and SECOND by Council Member lovino to have the City Manager accept the offer from Colin Baenzinger & Associates as the search firm and provide a one week window for internal applicants. Damien Gilliams said they have to get this right first time; they should discuss what they envision in the next city manager, consider the job description, salary requirements, so that staff can write the advertisement. He didn't think money should be spent on a firm. Council Member lovino asked if there was anything that would preclude Council from asking the current City Manager for his input. Council Member Dodd suggested having a workshop on what the Council would like to see. Discussion followed on the difference in the firms' price range. Council Member Dodd said Colin Baenzinger & Associates' proposal has a track record of finding city managers for cities the size of Sebastian; they really want to get the best qualified candidates; and the proposal indicates the cities are satisfied with managers they have recruited. The City Manager said he did not want to seem as though he was directing the selection of the firm noting they all have good reputations. ROLL CALL: Mayor Hill —nay Vice Mayor Kinchen — nay Council Member Dodd — aye Council Member lovino —aye Council Member McPartlan — aye Motion carried 3-2. Council affirmed the City Manager's "last day will be 9 May 2018; the City Manager is to delay the contractual agreement with Colin Baenzinger & Associates for one week to receive internal applications; Colin Baenzinger & Associates will make a presentation to Council at the next meeting; and the City Manager will forward any internal applications received at the same time. In response to discussion regarding an assistant city manager, the City Manager said the selection of an assistant city manager would be a budgetary decision by the city manager to elevate someone or hire someone. 18.010 B. Resolution No. R-18-01 FDOT JPA for Airoort Securitv Cameras and Gate Access Uocrades (Transmittal. JPA. R-18-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO FUND THE COST OF REPLACEMENT SECURITY CAMERAS, RECORDING EQUIPMENT, VIDEO MONITORING SOFTWARE AND ADDED GATE ACCESS AT SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager said this is an initiative to upgrade the security cameras and recommended approval. Regular City Council Meeting January 10, 2018 Page Eight MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Resolution No. R-18-01. ROLL CALL: Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. 18.011 C. Aoorove Municioal Election Agreement between the Indian River Countv Supervisor of Elections and Citv of Sebastian for Calendar Year 2018 and Consider Rescheduling/Cancelling of Citv Meetings to Accommodate Early Voting in Chambers (Transmittal. Agreement) The City Clerk announced the agreement would cover the ballots for the November election and noted Supervisor Swan was requesting to use the Council Chambers for early voting that would require the cancellation of two Council meetings. It was noted a Council meeting could be rescheduled if it was needed. MOTION by Council Member Dodd and SECOND by Mayor Hill to approve the agreement and cancelling the Council meetings. ROLL CALL: Council Member McPartlan — aye Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried 5-0. 13. CITY ATTORNEY MATTERS Interim City Attorney Hall expressed her appreciation for serving as the City Attorney for the past few months; she did not take their decision personally; she said it was a pleasure to work with each of them as well as City staff. Mayor Hill said speaking for Council; she has done a fantastic job for the City and thanked her for everything she has done. 14. CITY MANAGER MATTERS The City Manager said in working with the engineering consultant on the relocation of the City's Compound, he has realized it will increase the traffic at the Roseland Road intersection and asked for Council's help in petitioning the MPO to see what can be done, especially for the southbound Roseland lane that turns right onto westbound CR512. He also said tonight was an example of staffs loyalty to him and the City. He appreciated the support from Council. 15. CITY CLERK MATTERS - None Regular City Council Meeting January 10, 2018 Page Nine 16. CITY COUNCIL MATTERS A. Vice Mavor Kinchen Vice Mayor Kinchen thanked Ms. Hall for everything she has done for the City, she appreciated her stepping in when the City needed her and looked forward to seeing her around town and at the Chamber forums. B. Council Member Dodd Council Member Dodd asked for a status on the engineering specs being developed for the bulkheads. He mentioned the Council Members may have accidentally received his response to a resident regarding the city attorney search and it was not an attempt to sway anyone. C. Council Member lovino - None D. Council Member McPartlan - None E. Mavor Jim Hill In regard to the Dollar General under construction on CR512, Mayor Hill asked if the City has control over the name of the store as long as they conform to our codes. The City Manager replied the City does not in today's free market. Mayor Hill noted the City could regulate businesses' appearance but not who chooses to do business; the Dollar General will be an attractive store. 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:40 p.m. Approved at j)he January 24, 2018 Regular City Council Meeting e i yams, MMC—City Clerk It